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USCIS Issues Temporary Rule to Increase Employment Authorization and/or Employment Authorization Document Validity for Eligible Renewal Applicants

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Hey Compliance Warriors!

 

On, May 4, 2022 the Department of Homeland Security published a temporary rule (87 FR 614) that temporarily increases the automatic extension period to up to 540 days for employment authorization and/or Employment Authorization Documents (EAD, Form I‑766) available to certain applicants who have filed Form I‑765, Application for Employment Authorization, renewal applications. This rule also provides eligible noncitizens with a pending renewal application:

  • An additional up to 360‑day extension if their EAD is still covered under the 180‑day automatic extension, for a total of up to 540 days past the “Card Expires” date of the current EAD; or
  • An additional period and resumption of employment authorization and/or EAD validity if their 180‑day extension has lapsed, for up to 540 days past the “Card Expires” date of the current EAD.

 

See the USCIS announcement for more information and refer to Section 4.4 of the M-274 for updated Form I‑9 guidance.

 

Early EAD Case Alerts in EVerify

If you created a case for an employee with an EAD that has been automatically extended for 180 days, you may receive a “Work Authorization Documents Expiring” case alert more than 90 days prior to the new expiration date of the employee’s EAD. The early alert may occur because the case was created before DHS published a temporary final rule (87 FR 26614) which temporarily increases the employment authorization and/or EAD automatic extension period for certain noncitizens from up to 180 days to up to 540 days. The alert is a reminder, no action is required in E‑Verify and you may dismiss the alert.

 

Employers are required to update Section 2 of the employee’s Form I‑9 to reflect the extension increase provided by the temporary final rule. For guidance on updating Section 2 before the employee’s 180-day automatic extension ends, see Section 4.4 of the M‑274.

 

Be Audit-Secure™!

 

Lisa Smith, SPHR, SCP


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Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”

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